Appellate Division: Second Judicial Department

M277815

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

ROBERT J. MILLER

PAUL WOOTEN, JJ.

2020-03791 Harry R. Thomasson, appellant, v Anthony P. Demarco, Sr., et al., respondents. (Index No. 607158/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated March 9, 2020. Motion by the respondents to dismiss the appeal on the ground that the appellant's appendix is inadequate or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is granted to the extent that the appellant's appendix and brief are stricken, and on or before July 23, 2021, the appellant shall serve and file, via NYSCEF, a replacement appellant's appendix which includes, in addition to the papers contained in the appellant's appendix, all of the exhibits annexed to the papers filed in support of the respondents' cross motion to dismiss the complaint, the papers filed in opposition to the cross motion, and the papers filed in reply, and the appellant's brief, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before August 23, 2021, the respondents shall serve and file the respondents' brief via NYSCEF.

RIVERA, J.P., HINDS-RADIX, MILLER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court